Fatwa ID: 04540

Answered by: Alimah Nasima Umm Hamza

Question:

If the husband says “I want you to file for a divorce because I can’t be with you” would this constitute a divorce?

بسم الله الرحمن الرحيم

In The Name Of Allah, The Most-Merciful, The Most-Kind.

Answer:

Divorce is of two types, either sareeh, which is where direct words of divorce are uttered. For example- I divorce you or I give you talaq. The second type is kinayah, which is where allusive words are used such as  “You’re free” or “It’s over” or “Go back to your parents’ house” or any such words which can indicate to a divorce.

The kinayah divorce is conditional upon the intention to divorce. So if the husband says these words with the intention the divorce will take place. [^[1]]

In your case, because your husband is asking for you to begin court proceedings for a divorce, rather than giving a divorce by either sareeh or kinayah means, then due to dalalatan haal, an irrevocable divorce will take place. 

Only Allah knows best.

Answered By Alimah Nasima Umm Hamza

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

^[1] Raddul Muhtar, Chapter on Kinayah, Volume 3, Page 297